Madras High CourtWP/32023/2016disposed of

S.Chinnasamy, v. The District Collector,

2019-01-29Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2019

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NO.32023 OF 2016 AND WMP.NO.27775 OF 2016

1. S.Chinnasamy

2. Srinivasan

3. Muthusamy ..Petitioners vs

1. The District Collector, Thiruppur District, Thiruppur.

2. The Chief Engineer (Transmission), D.No.144, NPKKR Maaligai, Anna Salai, TN Electricity Board, Chennai-2.

3. The Superintending Engineer, Udayapatti, Salem - 636014.

4. The Chairman, D.No.144, NPKKR Maaligai, Anna Salai, TN Electricity Board, Chennai-2.

5. Executive Engineer, Udayapatti, Salem - 636014.

6. Assistant Executive Engineer, TLC/Mettur, Mettur.

7. Junior Engineer, TLC/TANTRANSCO, Rasipalayam, Salem-636 014.

8. The Superintending Engineer, Coimbatore.

9. The Executive Engineer, Coimbatore.

.. Respondents (R8 & R9 are suo-motu impleaded as per order dated 14.9.2016) Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's objection letter dated on 06.07.2016 and call the petitioner for enquiry to explore the possibilities to reduce the damage for the petitioners land in RS.Nos.423/A, 423/B, 429, 428A, 428B, 427B, 427C, 424/1 and 374/1 situated in Maravapalayam Village, Kangayam (TK), District of Thiruppur and alter the E.B. line.

For Petitioner : Mr.D.Gopal For Respondents : Mr.G.B.Rajesh Govt.Advocate for R1 Mr.Abdul Saleem for R2 to R9

O R D E R

The relief sought for in the present writ petition is for a direction to direct the respondents to consider the petitioner's objection letter dated on 06.07.2016 and call the petitioner for enquiry to explore the possibilities to reduce the damage for the petitioners land in RS.Nos.423/A, 423/B, 429, 428A, 428B, 427B, 427C, 424/1 and 374/1 situated in Maravapalayam Village, Kangayam (TK), District of Thiruppur and alter the E.B. line.

2. The grievances of the writ petitioner is that his objections submitted before the District Collector has not been considered and further the writ petitioner is claiming the reduction of damage to be caused in respect of his lands. The District Collector is bound to consider the objections if any submitted by the land owners with reference to the provisions of

the Indian Telegraph Act and pass orders.

3. In view of the fact that the objections submitted by the writ petitioner is kept pending, this Court is inclined to direct the first respondent/District Collector to consider the representations/objections submitted by the writ petitioner on 06.07.2016 and pass orders on merits and in accordance with law, within a period of 4 weeks from the date of receipt of a copy of this order.

4. Accordingly, the writ petition stands disposed of. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Pkn To 1.The District Collector, Thiruppur District, Thiruppur.

2.The Chief Engineer (Transmission), D.No.144, NPKKR Maaligai, Anna Salai, TN Electricity Board, Chennai-2.

3.The Superintending Engineer, Udayapatti, Salem - 636014.